192 Pa. Super. 573 | Pa. Super. Ct. | 1960
Opinion by
We are here concerned with an appeal by Jady B. Stone from an order of the Pennsylvania Public Utility Commission, dated January 18, 1960, granting an application of the Philadelphia Electric Company, hereinafter referred to as Philadelphia, for approval of the exercise of the right of eminent domain under the provisions of the Act of May 21, 1921, P. L. 1057, 15 P.S. 1182, in acquiring a right of way across appellant’s farm in the Township of Peach Bottom, York County, for the construction, operation and maintenance of a high-power transmission line. Philadelphia was granted permission to become an intervening appellee.
The record discloses that Philadelphia plans to construct a 220,000 volt transmission line from its Nottingham Substation in Chester County, Pennsylvania, via its proposed Peach Bottom Generating Station in York County, Pennsylvania, to a point on the Pennsylvania-Maryland State line where it will connect with a similar line to be constructed by the Baltimore Gas and Electric Company, hereinafter referred to as Baltimore, extending from its Graceton Substation in Harford County, Maryland. The route of Philadelphia’s portion of this transmission line traverses the Stone farm. The nature of the Peach Bottom Generating Station
Appellant’s first and last (sixth) contentions are that the service proposed by Philadelphia is not necessary, and that the interconnection Avill not result in greater economy of operation. It is argued that “the majority of the power transmission system is to be used for the poAver distribution from the Nuclear Plant”, which “is not a public service until its Avorth is proven”, that the entire proceeding “is a subterfuge”, and that the “extreme high cost of the nuclear fuel and helium, not to mention the initial high cost of the reactor itself, does not contribute to higher economy at the present time”. The record lends no support Avhatever to these contentions. The public necessity and propriety of the sendee here involved are fully demonstrated by Philadelphia’s uncontroverted evi
Appellant’s second and third contentions relate to the suggested alternate route, by virtue of the selection of which appellant argues that “the same result can be accomplished”. It is settled law that the designation of the route for the line was a matter for determination by Philadelphia’s management in the first instance, and its conclusion will be upheld unless shown to be wanton or capricious: Byers v. Pa. P. U. C., 176 Pa. Superior Ct. 620, 109 A. 2d 232; Phillips v. Pa. P. U. C., 181 Pa. Superior Ct. 625, 121 A. 2d 625; Laird v. Pa. P. U. C., 183 Pa. Superior Ct. 157, 133 A. 2d 579. While appellant argues that the suggested alternate route “could be adopted”, he does not contend that it is in any way superior to the route proposed by Philadelphia other than the fact that it avoids his property. As pointed out in the Byers, Phillips, and Laird cases, the Commission is not required to withhold its approval merely because another route might have been adopted which would cause the prop
Appellant’s fourth contention is that the proposed nuclear plant “is not a proven safe power unit”. He argues that the plant is experimental in nature and that there is a potential danger of radiation leakage. It is sufficient to point out in this connection that the design of the Peach Bottom Generating Station ivas in no way an issue before the Commission in this proceeding. The Atomic Energy Commission is charged by law
Appellant’s fifth contention is that the selection of the route of the line by Philadelphia “was Avanton and capricious ”. Again, the record lends no support whatever to appellant’s contention in this regard. Philadelphia’s evidence clearly establishes that the proposed route was chosen only after detailed investigation and mature consideration of all pertinent factors. The painstaking and thorough procedure in Avhich the course of the route was determined negates any question of wanton or capricious action on the part of Philadelphia, and the Commission properly so found.
In brief, Ave perceive no merit in this appeal. As stated in Laird v. Pa. P. U. C., supra, 183 Pa. Superior Ct. 457, 133 A. 2d 579: “We are not unsympathetic with appellant’s situation. It is reasonable to assume that property OAvners in general Avould prefer not to
The order of the Commission is affirmed.
“The Peach Bottom generating station will be the world’s first high-temperature, helium cooled nuclear power plant. Pursuant to the enactment by the Congress of the United States of the necessary authorization and appropriation acts, a contract has been entered into between the Atomic Energy Commission and Philadelphia Electric Company authorizing the construction and operation with 51 other utilities, and on completion it will be owned by and operated by Philadelphia Electric and will become a part of its system . . .
“The proposed interconnection between Philadelphia Electric Company and Baltimore Gas and Electric Company, which will have a capability of transmitting over 400,000 levs, will provide the strong link necessary to properly integrate these two systems so as to meet, adequately and safely, the varying and growing system load demands and to maintain constant voltage and frequency stability.
“Moreover, by increasing the alternate sources of supply, this interconnection also improves reliability of service on both systems during periods of emergency caused by loss of transmission lines or generating capacity.
“Both Philadelphia Electric Company and Baltimore Gas and Electric Company systems lie within Federal Power Commission areas 5 and C, in which a total generating capacity in excess of ten million kilowatts is integrated and operated as the Pennsylvania-New Jersey-Maryland Interconnection. At present, no direct tie exists between the systems of Philadelphia and Baltimore although each is connected directly with other neighboring systems.
“The proposed high voltage interconnection will provide needed reinforcement to the transmission system of the Pennsylvania-New Jersey-Maryland Interconnection and to FPC areas 5 and 6, and thus will benefit not only customers of the Philadelphia Electric Company and the Baltimore Gas and Electric Company but also all customers served by the interconnecting companies . . .
“. . . Located within the territory served by the Pennsylvania-New Jersey-Maryland Interconnection is a high concentration of industrial, commercial and research organizations including ship*577 building, oil refining, steel, lienvy machinery, aircraft and other plants. These industries and other establishments are essential both to the nation’s peacetime economy and to national defense. Under conditions of national emergencies, the probabilities of shortage of materials require an integrated high capacity transmission network so that power deficient areas may be immediately supplemented with energy supplied from adjacent areas or adjacent companies which have capacity available”.
It was stated at oral argument that this appellant is the only one of 65 property owners with whom an agreement has not been reached.
Act of Congress of August 1, 1946, 68 Stat. 921 et seq., 42 U.S.C. 2011 et seq.